Fuller v. State Department of Education Division of Vocational Rehabilitation, Inc.

785 P.2d 690, 117 Idaho 126, 1990 Ida. App. LEXIS 16
CourtIdaho Court of Appeals
DecidedJanuary 9, 1990
DocketNo. 17553
StatusPublished
Cited by1 cases

This text of 785 P.2d 690 (Fuller v. State Department of Education Division of Vocational Rehabilitation, Inc.) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuller v. State Department of Education Division of Vocational Rehabilitation, Inc., 785 P.2d 690, 117 Idaho 126, 1990 Ida. App. LEXIS 16 (Idaho Ct. App. 1990).

Opinion

PER CURIAM.

This is an appeal from a district court's appellate decision affirming an agency’s administrative decision which denied certain training and rehabilitation benefits to Edward Fuller. In this appeal Fuller contends the final decision of the Division of Vocational Rehabilitation finding him ineligible for further services was based upon erroneous procedural and legal grounds. We affirm the decision of the district court.

In January 1983, Fuller contacted the office of the Idaho Division of Vocational Rehabilitation (division). Over the next two months Fuller received medical and educational evaluations to determine whether he qualified for training services as a result of a medical disability. In March 1983, the division determined that Fuller was qualified for training in the area of office occupations. In April 1983, Fuller began a typing course at Eastern Idaho Vocational Technical School (school). During this course of initial instruction it was determined that Fuller had a hearing disability. As a result, Fuller was provided hearing aids at the division’s expense.

Pursuant to Fuller’s individualized written rehabilitation plan, he was scheduled to begin the office occupations program at the school in August 1983. The school awarded Fuller a federally funded grant, known as a Pell Grant, by which to fund his education. However, in late September 1983, the division learned that Fuller was not proceeding satisfactorily in his course work at the school. On October 19, 1983, Fuller, representatives from the division and the school met to discuss Fuller’s lack of progress. Fuller complained of the quality of instruction and expressed the opinion that the school was not doing him a service. Representatives from the school and the division told Fuller that because he was not achieving the scholastic standards as required by the school, he would be placed on academic probation.

[127]*127As a result of continuing lack of progress, Fuller’s Pell Grant was withdrawn. The school required that six credits be completed by October 21, 1983. Unfortunately, by that date Fuller had only completed one and three-fourths credits. Shortly thereafter, Fuller voluntarily withdrew from the school. After Fuller’s withdrawal, the division personnel attempted to provide continuing counseling and employment services commensurate with his ability. However, the record indicates that Fuller refused to cooperate with their efforts.

In August 1984, Fuller was advised of his right to an administrative review and to a fair hearing conducted by the division. Fuller demanded an administrative review on the ground that the division refused to provide him with vocational rehabilitation and benefits as provided by law. The division denied Fuller’s appeal on September 25, 1984. Fuller then requested a fair hearing pursuant to 34 CFR § 361.48 and the division’s operating rules. The hearing was conducted on October 29, 1984 at Idaho Falls, giving Fuller the opportunity to present his case and complaints to the division. Fuller complained of several things including that he had not been treated fairly, that he not been given maintenance benefits while being rehabilitated, that his wife’s income should not be considered in computing his financial need, and that his records had not been properly kept, e.g., that he had signed documents in blank.

Following a review of the record and transcript of the fair hearing, the division director issued a written decision, dated November 8, 1984, upholding the decision of the hearing officer. Fuller then appealed to the United States Department of Education for a review of his case which was denied in May 1985. Fuller then filed a petition for judicial review with the district court in June 1985. Dissatisfied with the district court’s ruling, Fuller brought this appeal.

Our standard of review in a case such as the instant one is well settled. Where the district court acts in an appellate capacity in a review under the Administrative Procedure Act, I.C. § 67-5215(b) through (g), on further appeal from the district court’s determination, we review the record independently of, but with due regard for, the district court’s decision. Ferguson v. Board of County Commissioners for Ada County, 110 Idaho 785, 718 P.2d 1223 (1986); Madsen v. State Department of Health and Welfare, 114 Idaho 182, 755 P.2d 479 (Ct.App.1988) (review denied). In the present case, the district court issued a comprehensive memorandum decision which discussed all significant issues raised by Fuller. While we have made our own independent review of the administrative proceedings, we ultimately conclude the district court decision was correct in all respects. Accordingly, we adopt much of that decision in this opinion.

The Administrative Procedure Act governs the standard of judicial review of an administrative decision. I.C. § 67-5201 through 5218. Specifically, I.C. § 67-5215 provides the review shall be conducted by the court without a jury and shall be confined to the record. The reviewing court shall not substitute its judgment for that of the agency as to the weight of the evidence and questions of fact. Id. The court may affirm the decision of the agency or remand the case for further proceedings. If Fuller’s rights had been substantially prejudiced by the administrative findings or conclusions, the court may reverse or modify its decision. The court has authority to review whether the administrative decision was (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable and substantial evidence on the whole record; or (6) arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. I.C. § 67-5215(g). See also Hayman v. State Department of Health & Welfare, 100 Idaho 710, 604 P.2d 724 (1979).

The Idaho Supreme Court has held that a reviewing court may not reverse the findings of a division where the findings are clear, dispositive and supported by evidence [128]*128in the record. Van Orden v. State Department of Health & Welfare, 102 Idaho 663, 637 P.2d 1159 (1981). The Court went further to say that a “reviewing court may not substitute its judgment for that of the administrative hearing officer on questions of fact.” Id. at 667, 637 P.2d at 1163. Even where there is' evidence to the contrary, the court will not disturb the hearing officer’s findings of fact if those findings are supported by sufficient evidence. Lampe v. Zamzow’s, Inc., 102 Idaho 126, 626 P.2d 782 (1981).

Fuller contends the administrative decision denying him vocational rehabilitation benefits was arbitrary and capricious. We review this challenge pursuant to I.C. § 67-5215(g)(6). In order for the court to substitute its judgment for a hearing officer’s determination, the findings of that hearing officer would have to be “clearly inadequate.”

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Related

Cooper v. Board of Professional Discipline
4 P.3d 561 (Idaho Supreme Court, 2000)

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Bluebook (online)
785 P.2d 690, 117 Idaho 126, 1990 Ida. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-state-department-of-education-division-of-vocational-idahoctapp-1990.